[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 209 Referred in House (RFH)]
<DOC>
114th CONGRESS
1st Session
S. 209
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2015
Referred to the Committee on Natural Resources, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To amend the Indian Tribal Energy Development and Self Determination
Act of 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Energy Development and
Self-Determination Act Amendments of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT
AMENDMENTS
Sec. 101. Indian tribal energy resource development.
Sec. 102. Indian tribal energy resource regulation.
Sec. 103. Tribal energy resource agreements.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Conforming amendments.
Sec. 106. Report.
TITLE II--MISCELLANEOUS AMENDMENTS
Sec. 201. Issuance of preliminary permits or licenses.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
Sec. 206. Extension of tribal lease period for the Crow Tribe of
Montana.
Sec. 207. Trust status of lease payments.
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT
AMENDMENTS
SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.
(a) In General.--Section 2602(a) of the Energy Policy Act of 1992
(25 U.S.C. 3502(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) consult with each applicable Indian tribe
before adopting or approving a well spacing program or
plan applicable to the energy resources of that Indian
tribe or the members of that Indian tribe.''; and
(2) by adding at the end the following:
``(4) Planning.--
``(A) In general.--In carrying out the program
established by paragraph (1), the Secretary shall
provide technical assistance to interested Indian
tribes to develop energy plans, including--
``(i) plans for electrification;
``(ii) plans for oil and gas permitting,
renewable energy permitting, energy efficiency,
electricity generation, transmission planning,
water planning, and other planning relating to
energy issues;
``(iii) plans for the development of energy
resources and to ensure the protection of
natural, historic, and cultural resources; and
``(iv) any other plans that would assist an
Indian tribe in the development or use of
energy resources.
``(B) Cooperation.--In establishing the program
under paragraph (1), the Secretary shall work in
cooperation with the Office of Indian Energy Policy and
Programs of the Department of Energy.''.
(b) Department of Energy Indian Energy Education Planning and
Management Assistance Program.--Section 2602(b)(2) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, intertribal organization,'' after ``Indian tribe'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) activities to increase the capacity of Indian
tribes to manage energy development and energy
efficiency programs;''.
(c) Department of Energy Loan Guarantee Program.--Section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
(1) in paragraph (1), by inserting ``or a tribal energy
development organization'' after ``Indian tribe'';
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``guarantee'' and inserting ``guaranteed'';
(B) in subparagraph (A), by striking ``or'';
(C) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(C) a tribal energy development organization,
from funds of the tribal energy development
organization.''; and
(3) in paragraph (5), by striking ``The Secretary of Energy
may'' and inserting ``Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2015, the Secretary of Energy
shall''.
SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C.
3503(c)) is amended--
(1) in paragraph (1), by striking ``on the request of an
Indian tribe, the Indian tribe'' and inserting ``on the request
of an Indian tribe or a tribal energy development organization,
the Indian tribe or tribal energy development organization'';
and
(2) in paragraph (2)(B), by inserting ``or tribal energy
development organization'' after ``Indian tribe''.
SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.
(a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25
U.S.C. 3504) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or''
after the semicolon at the end;
(ii) in subparagraph (B)--
(I) by striking clause (i) and
inserting the following:
``(i) an electric production, generation,
transmission, or distribution facility
(including a facility that produces electricity
from renewable energy resources) located on
tribal land; or''; and
(II) in clause (ii)--
(aa) by inserting ``, at
least a portion of which have
been'' after ``energy
resources'';
(bb) by inserting ``or
produced from'' after
``developed on''; and
(cc) by striking ``and''
after the semicolon at the end
and inserting ``or''; and
(iii) by adding at the end the following:
``(C) pooling, unitization, or communitization of
the energy mineral resources of the Indian tribe
located on tribal land with any other energy mineral
resource (including energy mineral resources owned by
the Indian tribe or an individual Indian in fee, trust,
or restricted status or by any other persons or
entities) if the owner, or, if appropriate, lessee, of
the resources has consented or consents to the pooling,
unitization, or communitization of the other resources
under any lease or agreement; and''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) a lease or business agreement described in paragraph
(1) shall not require review by, or the approval of, the
Secretary under section 2103 of the Revised Statutes (25 U.S.C.
81), or any other provision of law (including regulations), if
the lease or business agreement--
``(A) was executed--
``(i) in accordance with the requirements
of a tribal energy resource agreement in effect
under subsection (e) (including the periodic
review and evaluation of the activities of the
Indian tribe under the agreement, to be
conducted pursuant to subparagraphs (D) and (E)
of subsection (e)(2)); or
``(ii) by the Indian tribe and a tribal
energy development organization for which the
Indian tribe has obtained a certification
pursuant to subsection (h); and
``(B) has a term that does not exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the
production of oil resources, gas resources, or
both, 10 years and as long thereafter as oil or
gas is produced in paying quantities.'';
(2) by striking subsection (b) and inserting the following:
``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over
tribal land without review or approval by the Secretary if the right-
of-way--
``(1) serves--
``(A) an electric production, generation,
transmission, or distribution facility (including a
facility that produces electricity from renewable
energy resources) located on tribal land;
``(B) a facility located on tribal land that
extracts, produces, processes, or refines energy
resources; or
``(C) the purposes, or facilitates in carrying out
the purposes, of any lease or agreement entered into
for energy resource development on tribal land;
``(2) was executed--
``(A) in accordance with the requirements of a
tribal energy resource agreement in effect under
subsection (e) (including the periodic review and
evaluation of the activities of the Indian tribe under
the agreement, to be conducted pursuant to
subparagraphs (D) and (E) of subsection (e)(2)); or
``(B) by the Indian tribe and a tribal energy
development organization for which the Indian tribe has
obtained a certification pursuant to subsection (h);
and
``(3) has a term that does not exceed 30 years.'';
(3) by striking subsection (d) and inserting the following:
``(d) Validity.--No lease or business agreement entered into, or
right-of-way granted, pursuant to this section shall be valid unless
the lease, business agreement, or right-of-way is authorized by
subsection (a) or (b).'';
(4) in subsection (e)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Authorization.--On or after the date of
enactment of the Indian Tribal Energy Development and
Self-Determination Act Amendments of 2015, a qualified
Indian tribe may submit to the Secretary a tribal
energy resource agreement governing leases, business
agreements, and rights-of-way under this section.
``(B) Notice of complete proposed agreement.--Not
later than 60 days after the date on which the tribal
energy resource agreement is submitted under
subparagraph (A), the Secretary shall--
``(i) notify the Indian tribe as to whether
the agreement is complete or incomplete;
``(ii) if the agreement is incomplete,
notify the Indian tribe of what information or
documentation is needed to complete the
submission; and
``(iii) identify and notify the Indian
tribe of the financial assistance, if any, to
be provided by the Secretary to the Indian
tribe to assist in the implementation of the
tribal energy resource agreement, including the
environmental review of individual projects.
``(C) Effect.--Nothing in this paragraph precludes
the Secretary from providing any financial assistance
at any time to the Indian tribe to assist in the
implementation of the tribal energy resource
agreement.'';
(B) in paragraph (2)--
(i) by striking ``(2)(A)'' and all that
follows through the end of subparagraph (A) and
inserting the following:
``(2) Procedure.--
``(A) Effective date.--
``(i) In general.--On the date that is 271
days after the date on which the Secretary
receives a tribal energy resource agreement
from a qualified Indian tribe under paragraph
(1), the tribal energy resource agreement shall
take effect, unless the Secretary disapproves
the tribal energy resource agreement under
subparagraph (B).
``(ii) Revised tribal energy resource
agreement.--On the date that is 91 days after
the date on which the Secretary receives a
revised tribal energy resource agreement from a
qualified Indian tribe under paragraph (4)(B),
the revised tribal energy resource agreement
shall take effect, unless the Secretary
disapproves the revised tribal energy resource
agreement under subparagraph (B).'';
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all
that follows through clause (ii) and
inserting the following:
``(B) Disapproval.--The Secretary shall disapprove
a tribal energy resource agreement submitted pursuant
to paragraph (1) or (4)(B) only if--
``(i) a provision of the tribal energy
resource agreement violates applicable Federal
law (including regulations) or a treaty
applicable to the Indian tribe;
``(ii) the tribal energy resource agreement
does not include 1 or more provisions required
under subparagraph (D); or''; and
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``includes'' and all
that follows through
``section--'' and inserting
``does not include provisions
that, with respect to any
lease, business agreement, or
right-of-way to which the
tribal energy resource
agreement applies--'';
(bb) by striking subclauses
(I), (II), (V), (VIII), and
(XV);
(cc) by redesignating
clauses (III), (IV), (VI),
(VII), (IX) through (XIV), and
(XVI) as clauses (I), (II),
(III), (IV), (V) through (X),
and (XI), respectively;
(dd) in item (bb) of
subclause (XI) (as redesignated
by item (cc))--
(AA) by striking
``or tribal''; and
(BB) by striking
the period at the end
and inserting a
semicolon; and
(ee) by adding at the end
the following:
``(XII) include a certification by
the Indian tribe that the Indian tribe
has--
``(aa) carried out a
contract or compact under title
I or IV of the Indian Self-
Determination and Education
Assistance Act (25 U.S.C. 450
et seq.) for a period of not
less than 3 consecutive years
ending on the date on which the
Indian tribe submits the
application without material
audit exception (or without any
material audit exceptions that
were not corrected within the
3-year period) relating to the
management of tribal land or
natural resources; or
``(bb) substantial
experience in the
administration, review, or
evaluation of energy resource
leases or agreements or has
otherwise substantially
participated in the
administration, management, or
development of energy resources
located on the tribal land of
the Indian tribe; and
``(XIII) at the option of the
Indian tribe, identify which functions,
if any, authorizing any operational or
development activities pursuant to a
lease, right-of-way, or business
agreement approved by the Indian tribe,
that the Indian tribe intends to
conduct.'';
(iii) in subparagraph (C)--
(I) by striking clauses (i) and
(ii);
(II) by redesignating clauses (iii)
through (v) as clauses (ii) through
(iv), respectively; and
(III) by inserting before clause
(ii) (as redesignated by subclause
(II)) the following:
``(i) a process for ensuring that--
``(I) the public is informed of,
and has reasonable opportunity to
comment on, any significant
environmental impacts of the proposed
action; and
``(II) the Indian tribe provides
responses to relevant and substantive
public comments on any impacts
described in subclause (I) before the
Indian tribe approves the lease,
business agreement, or right-of-way.'';
(iv) in subparagraph (D)(ii), by striking
``subparagraph (B)(iii)(XVI)'' and inserting
``subparagraph (B)(iv)(XI)''; and
(v) by adding at the end the following:
``(F) Effective period.--A tribal energy resource
agreement that takes effect pursuant to this subsection
shall remain in effect to the extent any provision of
the tribal energy resource agreement is consistent with
applicable Federal law (including regulations), unless
the tribal energy resource agreement is--
``(i) rescinded by the Secretary pursuant
to paragraph (7)(D)(iii)(II); or
``(ii) voluntarily rescinded by the Indian
tribe pursuant to the regulations promulgated
under paragraph (8)(B) (or successor
regulations).'';
(C) in paragraph (4), by striking ``date of
disapproval'' and all that follows through the end of
subparagraph (C) and inserting the following: ``date of
disapproval, provide the Indian tribe with--
``(A) a detailed, written explanation of--
``(i) each reason for the disapproval; and
``(ii) the revisions or changes to the
tribal energy resource agreement necessary to
address each reason; and
``(B) an opportunity to revise and resubmit the
tribal energy resource agreement.'';
(D) in paragraph (6)--
(i) in subparagraph (B)--
(I) by striking ``(B) Subject to''
and inserting the following:
``(B) Subject only to''; and
(II) by striking ``subparagraph
(D)'' and inserting ``subparagraphs (C)
and (D)'';
(ii) in subparagraph (C), in the matter
preceding clause (i), by inserting ``to perform
the obligations of the Secretary under this
section and'' before ``to ensure''; and
(iii) in subparagraph (D), by adding at the
end the following:
``(iii) Nothing in this section absolves,
limits, or otherwise affects the liability, if
any, of the United States for any--
``(I) term of any lease, business
agreement, or right-of-way under this
section that is not a negotiated term;
or
``(II) losses that are not the
result of a negotiated term, including
losses resulting from the failure of
the Secretary to perform an obligation
of the Secretary under this section.'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking ``has
demonstrated'' and inserting ``the Secretary
determines has demonstrated with substantial
evidence'';
(ii) in subparagraph (B), by striking ``any
tribal remedy'' and inserting ``all remedies
(if any) provided under the laws of the Indian
tribe'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``determine'' and all that follows
through the end of the clause and
inserting the following: ``determine--
``(I) whether the
petitioner is an interested
party; and
``(II) if the petitioner is
an interested party, whether
the Indian tribe is not in
compliance with the tribal
energy resource agreement as
alleged in the petition.'';
(II) in clause (ii), by striking
``determination'' and inserting
``determinations''; and
(III) in clause (iii), in the
matter preceding subclause (I) by
striking ``agreement'' the first place
it appears and all that follows through
``, including'' and inserting
``agreement pursuant to clause (i), the
Secretary shall only take such action
as the Secretary determines necessary
to address the claims of noncompliance
made in the petition, including'';
(iv) in subparagraph (E)(i), by striking
``the manner in which'' and inserting ``, with
respect to each claim made in the petition,
how''; and
(v) by adding at the end the following:
``(G) Notwithstanding any other provision of this
paragraph, the Secretary shall dismiss any petition
from an interested party that has agreed with the
Indian tribe to a resolution of the claims presented in
the petition of that party.'';
(F) in paragraph (8)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B)
through (D) as subparagraphs (A) through (C),
respectively; and
(iii) in subparagraph (A) (as redesignated
by clause (ii))--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' after the semicolon; and
(III) by adding at the end the
following:
``(iii) amend an approved tribal energy
resource agreement to assume authority for
approving leases, business agreements, or
rights-of-way for development of another energy
resource that is not included in an approved
tribal energy resource agreement without being
required to apply for a new tribal energy
resource agreement;'' and
(G) by adding at the end the following:
``(9) Effect.--Nothing in this section authorizes the
Secretary to deny a tribal energy resource agreement or any
amendment to a tribal energy resource agreement, or to limit
the effect or implementation of this section, due to lack of
promulgated regulations.'';
(5) by redesignating subsection (g) as subsection (j); and
(6) by inserting after subsection (f) the following:
``(g) Financial Assistance in Lieu of Activities by the
Secretary.--
``(1) In general.--Any amounts that the Secretary would
otherwise expend to operate or carry out any program, function,
service, or activity (or any portion of a program, function,
service, or activity) of the Department that, as a result of an
Indian tribe carrying out activities under a tribal energy
resource agreement, the Secretary does not expend, the
Secretary shall, at the request of the Indian tribe, make
available to the Indian tribe in accordance with this
subsection.
``(2) Annual funding agreements.--The Secretary shall make
the amounts described in paragraph (1) available to an Indian
tribe through an annual written funding agreement that is
negotiated and entered into with the Indian tribe that is
separate from the tribal energy resource agreement.
``(3) Effect of appropriations.--Notwithstanding paragraph
(1)--
``(A) the provision of amounts to an Indian tribe
under this subsection is subject to the availability of
appropriations; and
``(B) the Secretary shall not be required to reduce
amounts for programs, functions, services, or
activities that serve any other Indian tribe to make
amounts available to an Indian tribe under this
subsection.
``(4) Determination.--
``(A) In general.--The Secretary shall calculate
the amounts under paragraph (1) in accordance with the
regulations adopted under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act
Amendments of 2015.
``(B) Applicability.--The effective date or
implementation of a tribal energy resource agreement
under this section shall not be delayed or otherwise
affected by--
``(i) a delay in the promulgation of
regulations under section 103(b) of the Indian
Tribal Energy Development and Self-
Determination Act Amendments of 2015;
``(ii) the period of time needed by the
Secretary to make the calculation required
under paragraph (1); or
``(iii) the adoption of a funding agreement
under paragraph (2).
``(h) Certification of Tribal Energy Development Organization.--
``(1) In general.--Not later than 90 days after the date on
which an Indian tribe submits an application for certification
of a tribal energy development organization in accordance with
regulations promulgated under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act Amendments
of 2015, the Secretary shall approve or disapprove the
application.
``(2) Requirements.--The Secretary shall approve an
application for certification if--
``(A)(i) the Indian tribe has carried out a
contract or compact under title I or IV of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.); and
``(ii) for a period of not less than 3 consecutive
years ending on the date on which the Indian tribe
submits the application, the contract or compact--
``(I) has been carried out by the Indian
tribe without material audit exceptions (or
without any material audit exceptions that were
not corrected within the 3-year period); and
``(II) has included programs or activities
relating to the management of tribal land; and
``(B)(i) the tribal energy development organization
is organized under the laws of the Indian tribe;
``(ii)(I) the majority of the interest in the
tribal energy development organization is owned and
controlled by the Indian tribe (or the Indian tribe and
1 or more other Indian tribes) the tribal land of which
is being developed; and
``(II) the organizing document of the tribal energy
development organization requires that the Indian tribe
with jurisdiction over the land maintain at all times
the controlling interest in the tribal energy
development organization;
``(iii) the organizing document of the tribal
energy development organization requires that the
Indian tribe (or the Indian tribe and 1 or more other
Indian tribes) the tribal land of which is being
developed own and control at all times a majority of
the interest in the tribal energy development
organization; and
``(iv) the organizing document of the tribal energy
development organization includes a statement that the
organization shall be subject to the jurisdiction,
laws, and authority of the Indian tribe.
``(3) Action by secretary.--If the Secretary approves an
application for certification pursuant to paragraph (2), the
Secretary shall, not more than 10 days after making the
determination--
``(A) issue a certification stating that--
``(i) the tribal energy development
organization is organized under the laws of the
Indian tribe and subject to the jurisdiction,
laws, and authority of the Indian tribe;
``(ii) the majority of the interest in the
tribal energy development organization is owned
and controlled by the Indian tribe (or the
Indian tribe and 1 or more other Indian tribes)
the tribal land of which is being developed;
``(iii) the organizing document of the
tribal energy development organization requires
that the Indian tribe with jurisdiction over
the land maintain at all times the controlling
interest in the tribal energy development
organization;
``(iv) the organizing document of the
tribal energy development organization requires
that the Indian tribe (or the Indian tribe and
1 or more other Indian tribes the tribal land
of which is being developed) own and control at
all times a majority of the interest in the
tribal energy development organization; and
``(v) the certification is issued pursuant
this subsection;
``(B) deliver a copy of the certification to the
Indian tribe; and
``(C) publish the certification in the Federal
Register.
``(i) Sovereign Immunity.--Nothing in this section waives the
sovereign immunity of an Indian tribe.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of the Indian Tribal Energy Development and Self-Determination Act
Amendments of 2015, the Secretary shall promulgate or update any
regulations that are necessary to implement this section, including
provisions to implement--
(1) section 2604(e)(8) of the Energy Policy Act of 1992 (25
U.S.C. 3504(e)(8)), including the process to be followed by an
Indian tribe amending an existing tribal energy resource
agreement to assume authority for approving leases, business
agreements, or rights-of-way for development of an energy
resource that is not included in the tribal energy resource
agreement;
(2) section 2604(g) of the Energy Policy Act of 1992 (25
U.S.C. 3504(g)) including the manner in which the Secretary, at
the request of an Indian tribe, shall--
(A) identify the programs, functions, services, and
activities (or any portions of programs, functions,
services, or activities) that the Secretary will not
have to operate or carry out as a result of the Indian
tribe carrying out activities under a tribal energy
resource agreement;
(B) identify the amounts that the Secretary would
have otherwise expended to operate or carry out each
program, function, service, and activity (or any
portion of a program, function, service, or activity)
identified pursuant to subparagraph (A); and
(C) provide to the Indian tribe a list of the
programs, functions, services, and activities (or any
portions of programs, functions, services, or
activities) identified pursuant subparagraph (A) and
the amounts associated with each program, function,
service, and activity (or any portion of a program,
function, service, or activity) identified pursuant to
subparagraph (B); and
(3) section 2604(h) of the Energy Policy Act of 1992 (25
U.S.C. 3504(h)), including the process to be followed by, and
any applicable criteria and documentation required for, an
Indian tribe to request and obtain the certification described
in that section.
SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C.
3502(b)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Technical and scientific resources.--In addition to
providing grants to Indian tribes under this subsection, the
Secretary shall collaborate with the Directors of the National
Laboratories in making the full array of technical and
scientific resources of the Department of Energy available for
tribal energy activities and projects.''.
SEC. 105. CONFORMING AMENDMENTS.
(a) Definition of Tribal Energy Development Organization.--Section
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(2) by inserting after paragraph (8) the following:
``(9) The term `qualified Indian tribe' means an Indian
tribe that has--
``(A) carried out a contract or compact under title
I or IV of the Indian Self Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) for a period of
not less than 3 consecutive years ending on the date on
which the Indian tribe submits the application without
material audit exception (or without any material audit
exceptions that were not corrected within the 3-year
period) relating to the management of tribal land or
natural resources; or
``(B) substantial experience in the administration,
review, or evaluation of energy resource leases or
agreements or has otherwise substantially participated
in the administration, management, or development of
energy resources located on the tribal land of the
Indian tribe.''; and
(3) by striking paragraph (12) (as redesignated by
paragraph (1)) and inserting the following:
``(12) The term `tribal energy development organization'
means--
``(A) any enterprise, partnership, consortium,
corporation, or other type of business organization
that is engaged in the development of energy resources
and is wholly owned by an Indian tribe (including an
organization incorporated pursuant to section 17 of the
Indian Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Act of June 26, 1936 (25 U.S.C. 503)
(commonly known as the `Oklahoma Indian Welfare Act'));
and
``(B) any organization of 2 or more entities, at
least 1 of which is an Indian tribe, that has the
written consent of the governing bodies of all Indian
tribes participating in the organization to apply for a
grant, loan, or other assistance under section 2602 or
to enter into a lease or business agreement with, or
acquire a right-of-way from, an Indian tribe pursuant
to subsection (a)(2)(A)(ii) or (b)(2)(B) of section
2604.''.
(b) Indian Tribal Energy Resource Development.--Section 2602 of the
Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``tribal energy
resource development organizations'' and inserting
``tribal energy development organizations''; and
(B) in paragraph (2), by striking ``tribal energy
resource development organizations'' each place it
appears and inserting ``tribal energy development
organizations''; and
(2) in subsection (b)(2), by striking ``tribal energy
resource development organization'' and inserting ``tribal
energy development organization''.
(c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of
the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by
striking ``energy resource development'' and inserting ``energy
development''.
(d) Conforming Amendments.--Section 2604(e) of the Energy Policy
Act of 1992 (25 U.S.C. 3504(e)) is amended--
(1) in paragraph (3)--
(A) by striking ``(3) The Secretary'' and inserting
the following:
``(3) Notice and comment; secretarial review.--The
Secretary''; and
(B) by striking ``for approval'';
(2) in paragraph (4), by striking ``(4) If the Secretary''
and inserting the following:
``(4) Action in case of disapproval.--If the Secretary'';
(3) in paragraph (5)--
(A) by striking ``(5) If an Indian tribe'' and
inserting the following:
``(5) Provision of documents to secretary.--If an Indian
tribe''; and
(B) in the matter preceding subparagraph (A), by
striking ``approved'' and inserting ``in effect'';
(4) in paragraph (6)--
(A) by striking ``(6)(A) In carrying out'' and
inserting the following:
``(6) Secretarial obligations and effect of section.--
``(A) In carrying out'';
(B) in subparagraph (A), by indenting clauses (i)
and (ii) appropriately;
(C) in subparagraph (B), by striking ``approved''
and inserting ``in effect''; and
(D) in subparagraph (D)--
(i) in clause (i), by striking ``an
approved tribal energy resource agreement'' and
inserting ``a tribal energy resource agreement
in effect under this section''; and
(ii) in clause (ii), by striking ``approved
by the Secretary'' and inserting ``in effect'';
and
(5) in paragraph (7)--
(A) by striking ``(7)(A) In this paragraph'' and
inserting the following:
``(7) Petitions by interested parties.--
``(A) In this paragraph'';
(B) in subparagraph (A), by striking ``approved by
the Secretary'' and inserting ``in effect'';
(C) in subparagraph (B), by striking ``approved by
the Secretary'' and inserting ``in effect''; and
(D) in subparagraph (D)(iii)--
(i) in subclause (I), by striking
``approved''; and
(ii) in subclause (II)--
(I) by striking ``approval of'' in
the first place it appears; and
(II) by striking ``subsection (a)
or (b)'' and inserting ``subsection
(a)(2)(A)(i) or (b)(2)(A)''.
SEC. 106. REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall submit to
the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives a report that details
with respect to activities for energy development on Indian land, how
the Department of the Interior--
(1) processes and completes the reviews of energy-related
documents in a timely and transparent manner;
(2) monitors the timeliness of agency review for all
energy-related documents;
(3) maintains databases to track and monitor the review and
approval process for energy-related documents associated with
conventional and renewable Indian energy resources that require
Secretarial approval prior to development, including--
(A) any seismic exploration permits;
(B) permission to survey;
(C) archeological and cultural surveys;
(D) access permits;
(E) environmental assessments;
(F) oil and gas leases;
(G) surface leases;
(H) rights-of-way agreements; and
(I) communitization agreements;
(4) identifies in the databases--
(A) the date lease applications and permits are
received by the agency;
(B) the status of the review;
(C) the date the application or permit is
considered complete and ready for review;
(D) the date of approval; and
(E) the start and end dates for any significant
delays in the review process;
(5) tracks in the databases, for all energy-related leases,
agreements, applications, and permits that involve multiple
agency review--
(A) the dates documents are transferred between
agencies;
(B) the status of the review;
(C) the date the required reviews are completed;
and
(D) the date interim or final decisions are issued.
(b) Inclusions.--The report under subsection (a) shall include--
(1) a description of any intermediate and final deadlines
for agency action on any Secretarial review and approval
required for Indian conventional and renewable energy
exploration and development activities;
(2) a description of the existing geographic database
established by the Bureau of Indian Affairs, explaining--
(A) how the database identifies--
(i) the location and ownership of all
Indian oil and gas resources held in trust;
(ii) resources available for lease; and
(iii) the location of--
(I) any lease of land held in trust
or restricted fee on behalf of any
Indian tribe or individual Indian; and
(II) any rights-of-way on that land
in effect;
(B) how the information from the database is made
available to--
(i) the officials of the Bureau of Indian
Affairs with responsibility over the management
and development of Indian resources; and
(ii) resource owners; and
(C) any barriers to identifying the information
described in subparagraphs (A) and (B) or any
deficiencies in that information; and
(3) an evaluation of--
(A) the ability of each applicable agency to track
and monitor the review and approval process of the
agency for Indian energy development; and
(B) the extent to which each applicable agency
complies with any intermediate and final deadlines.
TITLE II--MISCELLANEOUS AMENDMENTS
SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.
(a) In General.--Section 7(a) of the Federal Power Act (16 U.S.C.
800(a)) is amended by striking ``States and municipalities'' and
inserting ``States, Indian tribes, and municipalities''.
(b) Applicability.--The amendment made by subsection (a) shall not
affect--
(1) any preliminary permit or original license issued
before the date of enactment of the Indian Tribal Energy
Development and Self-Determination Act Amendments of 2015; or
(2) an application for an original license, if the
Commission has issued a notice accepting that application for
filing pursuant to section 4.32(d) of title 18, Code of Federal
Regulations (or successor regulations), before the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2015.
(c) Definition of Indian Tribe.--For purposes of section 7(a) of
the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection
(a)), the term ``Indian tribe'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.
(a) Purpose.--The purpose of this section is to establish a biomass
demonstration project for federally recognized Indian tribes and Alaska
Native corporations to promote biomass energy production.
(b) Tribal Biomass Demonstration Project.--The Tribal Forest
Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) is amended--
(1) in section 2(a), by striking ``In this section'' and
inserting ``In this Act''; and
(2) by adding at the end the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For each of
fiscal years 2016 through 2020, the Secretary shall enter into
stewardship contracts or similar agreements (excluding direct service
contracts) with Indian tribes to carry out demonstration projects to
promote biomass energy production (including biofuel, heat, and
electricity generation) on Indian forest land and in nearby communities
by providing reliable supplies of woody biomass from Federal land.
``(b) Demonstration Projects.--In each fiscal year for which
projects are authorized, at least 4 new demonstration projects that
meet the eligibility criteria described in subsection (c) shall be
carried out under contracts or agreements described in subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian tribe shall submit
to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(d) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary shall--
``(1) take into consideration--
``(A) the factors set forth in paragraphs (1) and
(2) of section 2(e); and
``(B) whether a proposed project would--
``(i) increase the availability or
reliability of local or regional energy;
``(ii) enhance the economic development of
the Indian tribe;
``(iii) result in or improve the connection
of electric power transmission facilities
serving the Indian tribe with other electric
transmission facilities;
``(iv) improve the forest health or
watersheds of Federal land or Indian forest
land or rangeland;
``(v) demonstrate new investments in
infrastructure; or
``(vi) otherwise promote the use of woody
biomass; and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(f) Report.--Not later than September 20, 2018, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(g) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the maximum extent practicable, management plans
(including forest management and integrated resource management plans)
in effect on the Indian forest land or rangeland of the respective
Indian tribe.
``(h) Term.--A contract or agreement entered into under this
section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
(c) Alaska Native Biomass Demonstration Project.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land''
means--
(i) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)) administered by the
Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(ii) public lands (as defined in section
103 of the Federal Land Policy Management Act
of 1976 (43 U.S.C. 1702)), the surface of which
is administered by the Secretary of the
Interior, acting through the Director of the
Bureau of Land Management.
(B) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(C) Secretary.--The term ``Secretary'' means--
(i) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Forest Service; and
(ii) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Bureau of Land Management.
(D) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(2) Agreements.--For each of fiscal years 2016 through
2020, the Secretary shall enter into an agreement or contract
with an Indian tribe or a tribal organization to carry out a
demonstration project to promote biomass energy production
(including biofuel, heat, and electricity generation) by
providing reliable supplies of woody biomass from Federal land.
(3) Demonstration projects.--In each fiscal year for which
projects are authorized, at least 1 new demonstration project
that meets the eligibility criteria described in paragraph (4)
shall be carried out under contracts or agreements described in
paragraph (2).
(4) Eligibility criteria.--To be eligible to enter into a
contract or agreement under this subsection, an Indian tribe or
tribal organization shall submit to the Secretary an
application--
(A) containing such information as the Secretary
may require; and
(B) that includes a description of the
demonstration project proposed to be carried out by the
Indian tribe or tribal organization.
(5) Selection.--In evaluating the applications submitted
under paragraph (4), the Secretary shall--
(A) take into consideration whether a proposed
project would--
(i) increase the availability or
reliability of local or regional energy;
(ii) enhance the economic development of
the Indian tribe;
(iii) result in or improve the connection
of electric power transmission facilities
serving the Indian tribe with other electric
transmission facilities;
(iv) improve the forest health or
watersheds of Federal land or non-Federal land;
(v) demonstrate new investments in
infrastructure; or
(vi) otherwise promote the use of woody
biomass; and
(B) exclude from consideration any merchantable
logs that have been identified by the Secretary for
commercial sale.
(6) Implementation.--The Secretary shall--
(A) ensure that the criteria described in paragraph
(4) are publicly available by not later than 120 days
after the date of enactment of this subsection; and
(B) to the maximum extent practicable, consult with
Indian tribes and appropriate tribal organizations
likely to be affected in developing the application and
otherwise carrying out this subsection.
(7) Report.--Not later than September 20, 2018, the
Secretary shall submit to Congress a report that describes,
with respect to the reporting period--
(A) each individual application received under this
subsection; and
(B) each contract and agreement entered into
pursuant to this subsection.
(8) Term.--A contract or agreement entered into under this
subsection--
(A) shall be for a term of not more than 20 years;
and
(B) may be renewed in accordance with this
subsection for not more than an additional 10 years.
SEC. 203. WEATHERIZATION PROGRAM.
Section 413(d) of the Energy Conservation and Production Act (42
U.S.C. 6863(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Reservation of amounts.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any other provision of this part, the
Secretary shall reserve from amounts that would
otherwise be allocated to a State under this part not
less than 100 percent, but not more than 150 percent,
of an amount which bears the same proportion to the
allocation of that State for the applicable fiscal year
as the population of all low-income members of an
Indian tribe in that State bears to the population of
all low-income individuals in that State.
``(B) Restrictions.--Subparagraph (A) shall apply
only if--
``(i) the tribal organization serving the
low-income members of the applicable Indian
tribe requests that the Secretary make a grant
directly; and
``(ii) the Secretary determines that the
low-income members of the applicable Indian
tribe would be equally or better served by
making a grant directly than a grant made to
the State in which the low-income members
reside.
``(C) Presumption.--If the tribal organization
requesting the grant is a tribally designated housing
entity (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103)) that has operated without material
audit exceptions (or without any material audit
exceptions that were not corrected within a 3-year
period), the Secretary shall presume that the low-
income members of the applicable Indian tribe would be
equally or better served by making a grant directly to
the tribal organization than by a grant made to the
State in which the low-income members reside.'';
(2) in paragraph (2)--
(A) by striking ``The sums'' and inserting
``Administration.--The amounts'';
(B) by striking ``on the basis of his
determination'';
(C) by striking ``individuals for whom such a
determination has been made'' and inserting ``low-
income members of the Indian tribe''; and
(D) by striking ``he'' and inserting ``the
Secretary''; and
(3) in paragraph (3), by striking ``In order'' and
inserting ``Application.--In order''.
SEC. 204. APPRAISALS.
(a) In General.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISALS.
``(a) In General.--For any transaction that requires approval of
the Secretary and involves mineral or energy resources held in trust by
the United States for the benefit of an Indian tribe or by an Indian
tribe subject to Federal restrictions against alienation, any appraisal
relating to fair market value of those resources required to be
prepared under applicable law may be prepared by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Secretarial Review and Approval.--Not later than 45 days
after the date on which the Secretary receives an appraisal prepared by
or for an Indian tribe under paragraph (2) or (3) of subsection (a),
the Secretary shall--
``(1) review the appraisal; and
``(2) approve the appraisal unless the Secretary determines
that the appraisal fails to meet the standards set forth in
regulations promulgated under subsection (d).
``(c) Notice of Disapproval.--If the Secretary determines that an
appraisal submitted for approval under subsection (b) should be
disapproved, the Secretary shall give written notice of the disapproval
to the Indian tribe and a description of--
``(1) each reason for the disapproval; and
``(2) how the appraisal should be corrected or otherwise
cured to meet the applicable standards set forth in the
regulations promulgated under subsection (d).
``(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section, including standards the Secretary shall use for
approving or disapproving the appraisal described in subsection (a).''.
SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.
(a) In General.--Subsection (e)(1) of the first section of the Act
of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25
U.S.C. 415(e)(1)), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including a lease for'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) in the case of a business or agricultural
lease, 99 years;'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of any mineral resource
(including geothermal resources), 25 years, except
that--
``(i) any such lease may include an option
to renew for 1 additional term of not to exceed
25 years; and
``(ii) any such lease for the exploration,
development, or extraction of an oil or gas
resource shall be for a term of not to exceed
10 years, plus such additional period as the
Navajo Nation determines to be appropriate in
any case in which an oil or gas resource is
produced in a paying quantity.''.
(b) GAO Report.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall prepare
and submit to Congress a report describing the progress made in
carrying out the amendment made by subsection (a).
SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE OF
MONTANA.
Subsection (a) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(a)), is amended in the second sentence by inserting ``,
land held in trust for the Crow Tribe of Montana'' after ``Devils Lake
Sioux Reservation''.
SEC. 207. TRUST STATUS OF LEASE PAYMENTS.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior.
(b) Treatment of Lease Payments.--
(1) In general.--Except as provided in paragraph (2) and at
the request of the Indian tribe or individual Indian, any
advance payments, bid deposits, or other earnest money received
by the Secretary in connection with the review and Secretarial
approval under any other Federal law (including regulations) of
a sale, lease, permit, or any other conveyance of any interest
in any trust or restricted land of any Indian tribe or
individual Indian shall, upon receipt and prior to Secretarial
approval of the contract or conveyance instrument, be held in
the trust fund system for the benefit of the Indian tribe and
individual Indian from whose land the funds were generated.
(2) Restriction.--If the advance payment, bid deposit, or
other earnest money received by the Secretary results from
competitive bidding, upon selection of the successful bidder,
only the funds paid by the successful bidder shall be held in
the trust fund system.
(c) Use of Funds.--
(1) In general.--On the approval of the Secretary of a
contract or other instrument for a sale, lease, permit, or any
other conveyance described in subsection (b)(1), the funds held
in the trust fund system and described in subsection (b), along
with all income generated from the investment of those funds,
shall be disbursed to the Indian tribe or individual Indian
landowners.
(2) Administration.--If a contract or other instrument for
a sale, lease, permit, or any other conveyance described in
subsection (b)(1) is not approved by the Secretary, the funds
held in the trust fund system and described in subsection (b),
along with all income generated from the investment of those
funds, shall be paid to the party identified in, and in such
amount and on such terms as set out in, the applicable
regulations, advertisement, or other notice governing the
proposed conveyance of the interest in the land at issue.
(d) Applicability.--This section shall apply to any advance
payment, bid deposit, or other earnest money received by the Secretary
in connection with the review and Secretarial approval under any other
Federal law (including regulations) of a sale, lease, permit, or any
other conveyance of any interest in any trust or restricted land of any
Indian tribe or individual Indian on or after the date of enactment of
this Act.
Passed the Senate December 10, 2015.
Attest:
JULIE E. ADAMS,
Secretary.